MAINA DEVI Vs. COMMISSIONER

JUDGEMENT

(1.) IN this writ petition filed by the petitioner, the petitioner has prayed for quashing communication/order dated 3.9.2007 (Annex. 3) and grant retiral benefits of the husband of the petitioner late Mohan Lal who was working as Driver with the respondents and died while in service on 18.10.2006. It is also prayed that the respondents may be directed to grant family pension to the petitioner in accordance with rules and her case may also be considered for appointment on compassionate ground.

(2.) LEARNED counsel for the petitioner submits that husband of the petitioner late Mohan Lal was substantively working on the post of Driver and he died while in service but no retiral benefits have been released on the ground that in the Motor Accident Claims Case No. 639/1998 compensation was awarded against the Jaipur Nagar Nigam and, for which, attachment- warrant was issued against the Jaipur Nagar Nigam.

(3.) LEARNED counsel for the petitioner submits that no such award was passed against late Mohan Lal in his personal capacity but award was passed by the Tribunal with categorical finding that the vehicle was being used for and under the direction of the respondent authorities during the course of employment by late Mohan Lal at the time of the accident; meaning thereby, the respondents cannot recover the said amount awarded by the Motor Accident Claims Tribunal against the Municipal Corporation and late Mohan Lal, husband of the petitioner jointly and severally. Deceased husband of the petitioner was performing his duties being employee of the Corporation, therefore, for his act which he was discharging while on duty the liability is upon the Corporation, therefore, the order impugned is contrary to law, by which, the widow of late Mohan Lal and his legal heirs have been directed to deposit the entire amount of award passed vide judgment dated 8.7.2004.